Nicholas Malfitano News

Judge orders binding arbitration to be completed before faulty automobile sale case proceeds

By Nicholas Malfitano | Jul 12, 2016

PHILADELPHIA – All proceedings have been stayed in a case involving pre-owned vehicle businesses who allegedly committed fraudulent conduct in selling faulty automobiles, pending the successful completion of binding arbitration.

Litigant in DUI-related personal injury case must find new counsel or risk dismissal of case, court stipulates

By Nicholas Malfitano | Jul 12, 2016

PHILADELPHIA – All proceedings in a matter concerning a plaintiff paralyzed as a result of driving while intoxicated after leaving a West Chester pub have been stayed until early September, pending the litigant’s procurement of new counsel.

Xarelto litigants anticipate selection and start of federal bellwether trials in 2017

By Nicholas Malfitano | Jul 11, 2016

NEW ORLEANS – As more and more cases continue to be filed by plaintiffs and their counsel against the manufacturers of the blood thinner Xarelto, these litigants are looking towards the horizon of bellwether cases in this matter to be heard next year.

Motions related to sinkhole injury case thrown out by Philadelphia court

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – Motions for preliminary objections and to dismiss a lawsuit connected to a plaintiff’s injurious sinkhole-related fall have been overruled and denied, respectively.

Lawyer argues clerical error led him to miss arbitration hearing and asks for judgment's opening

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – An attorney has credited a potential clerical error for his unawareness of an arbitration date, which later led his client to suffer a Judgment of Non Pros in his litigation related to a 2013 car accident.

Sex abuse case filed against York County's YMCA sent to that county's court

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – A civil lawsuit from a Harrisburg parent and her minor son resulting from allegations of negligence and sexual abuse at a YMCA summer camp, is being transferred to the York County Court of Common Pleas.

Counsel points to client non-cooperation in decision to leave daycare injury case

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – Counsel for clients suing a daycare facility for negligence in connection with an injurious accident in 2010 to a minor student, has opted to withdraw from the case due to a supposed case of client non-cooperation.

Personal injury lawsuit against Wyncote hair salon transferred to Montgomery County court

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – According to a Philadelphia County Court of Common Pleas judge, a personal injury lawsuit against a Wyncote-based salon will be transferred to the Montgomery County Court of Common Pleas.

Counselor cites 'unreasonably difficult' representation in exit from casino hotel litigation

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – A number of irreconcilable differences leading to “unreasonably difficult” representation have caused a premises liability case’s plaintiff attorney to exit the litigation.

Client disagreement results in attorney's exit from supermarket premises liability lawsuit

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – Disagreements with a client suing a local supermarket chain for negligence have resulted in a plaintiff attorney leaving that particular legal action.

North Philadelphia sidewalk fall lawsuit settled before trial

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – Per an order from a Philadelphia County Court of Common Pleas judge, a woman’s sidewalk fall premises liability lawsuit emanating from North Philadelphia was settled prior to assignment for trial.

Third Circuit Court says school district not responsible for high school student's assault

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – Recently, a panel of judges from the U.S. Court of Appeals for the Third Circuit upheld a trial court ruling stating a local school district did not create a dangerous condition by ceasing its issued ID card policy, allegedly resulting in a student’s assault.

Proceedings stayed in accident liability case revolving around truck and bicycle collision

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – Per a Philadelphia County Court of Common Pleas judge, all proceedings in a hit-and-run collision lawsuit involving a young man on a bicycle and the occupants of a truck have been stayed.

National Life Insurance Company had cause to terminate chiropractor's disability benefits, federal court rules

By Nicholas Malfitano | Jul 11, 2016

PHILADELPHIA – A federal appeals court here affirmed a verdict of summary judgment for National Life Insurance Company and against a man who felt the U.S. District Court for the Eastern District of Pennsylvania mistakenly interpreted a disability insurance policy, which resulted in the termination of his benefits.

Risperdal plaintiff awarded record-setting jury verdict of $70 million in Philadelphia court

By Nicholas Malfitano | Jul 7, 2016

PHILADELPHIA – A Tennessee plaintiff in a case tied to the antipsychotic drug Risperdal has earned an unprecedented jury verdict award of $70 million, which substantially exceeds previous award values in this same series of trials.

Philly judge denies counsel's motion to withdraw from negligence-related crash case

By Nicholas Malfitano | Jul 7, 2016

PHILADELPHIA – A Philadelphia judge has denied an attorney’s motion with withdraw from a car crash case, despite counsel citing a lack of cooperation and an intent of his client to discontinue pursuing damages.

Motions for summary judgment denied on both sides of Philly firefighters' overtime payments lawsuit

By Nicholas Malfitano | Jul 7, 2016

PHILADELPHIA – A federal judge denied respective motions for summary judgment from both a plaintiff group of Philadelphia firefighters and the defendant City of Philadelphia, in a case of overtime payments allegedly not paid to those same firefighters under the Fair Labor Standards Act (FLSA).

Defense's severance and dismissal motion denied in lawnmower insurance damages action

By Nicholas Malfitano | Jul 7, 2016

PHILADELPHIA – On June 28, a federal judge denied a motion to sever and dismiss claims from an insurance subrogation case tied to damages in seven separate incidents resulting from faulty lawnmowers.

New deadlines put in place for renewed summary judgment motion in Yahoo text message alerts case

By Nicholas Malfitano | Jul 7, 2016

PHILADELPHIA – Per an order from a Philadelphia federal court, proceedings revolving around a renewed motion for summary judgment in a putative class action lawsuit against Yahoo, Inc. and its now-discontinued text message email alert service will move forward on a new timetable.

August hearing scheduled on venue and other objections in gunshot injury case

By Nicholas Malfitano | Jul 7, 2016

PHILADELPHIA – A hearing has been slated to decide the result of several preliminary objections at issue in the personal injury lawsuit filed by a King of Prussia man who was allegedly seriously injured by gunfire outside a Landsdowne bar.

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